Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Others Judgments and Orders

The 'venue' of arbitration designated in arbitration agreement between the parties is really the 'seat' of arbitral proceedings

 21 December 2020

The impugned judgment was set aside, and the Section 34 petition was ordered to be presented in the Courts in New Delhi, as was held by the learned Single Judge of the Special Commercial Court at Gurugram...

Posted in Others |   650 hits

Smt. Amravati v State of U. P. (2005) - Arrest not Necessary when FIR is Filed for Cognizable Offences

 21 December 2020

he High Court should ordinarily not direct any Subordinate Court to decide the bail application the same day, as that would be interfering with the judicial discretion of the Court hearing the bail application. However, as stated above, when the bail..

Posted in Others |   2525 hits

Ghulam Mehdi v State of Rajasthan (1960) - Absence of Notice in Bail Bond Forfeiture

 18 December 2020

Legality of the order forfeiting the bail bond given by the appellant for non-compliance of the procedure..

Posted in Others |   713 hits

UOI v. Nirala Yadav (2014) - Right of accused u/s 167(2) CrPC is Indefeasible

 18 December 2020

The Court did not find any error in the order of the high court in overturning the order, refusing bail and extending the benefit to the respondent and accordingly the appeal failed and was dismissed. ..

Posted in Others |   2642 hits

Sudhakar & Ors. v. State of U.P. (1984) - Magistrate can't postpone bail application u/s 167(2) CrPC

 18 December 2020

The court held that Magistrate violated the provisions of CrPc by postponing the hearing of application bail and allowed for the release of appellants for bail with amounts payable to the Judicial Magistrate...

Posted in Others |   712 hits

Ramesh Kumar Ravi v. State of Bihar (1988) - Physical Production of Accused for Remand

 18 December 2020

In the light of the above, the stand of the respondent state by way of preliminary objection was sustained and it as held that the present writ jurisdiction case seeking primarily the quashing of the judicial order of the Chief Judicial Magistrate an..

Posted in Others |   1338 hits

State of Gujarat v. Girish Radhakrishnan Varde (2014) - Correct Stage of Addition of Sections to Chargesheet

 18 December 2020

The Court held disposed the appeal by observing and clarifying the order of the High Court to the extent that the appellant State of Gujarat shall be at liberty to raise all questions relating to additions of the Sections on the basis of the FIR...

Posted in Others |   2297 hits

Sundeep Kumar Bafna v. State of Mahrashtra & Anr (2014) - Power of High Court & Sessions Court u/s 439 CrPC

 18 December 2020

The Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant. The impugned Order was thus set aside. The appeal is allowed with terms...

Posted in Others |   4025 hits

Smt. Reena v. State of Uttarakhand (2016) - When to arrest & give bail?

 18 December 2020

The Court released the accused/applicant on the bail on furnishing her personal bond and two sureties of like amount to the satisfaction of learned A.C.J.M. Roorkee. Bail application stood allowed accordingly...

Posted in Others |   848 hits

Sayed Mohd. Ahmed Kazmi v. State, GNCTD & Ors. (2012) - Statutory Bail Right not Affected by Subsequent Application

 17 December 2020

These appeals arise out the judgment and orders dated 2nd July, 2012, 6th July, 2012 and 6th August, 2012, passed by the Delhi High Court in Crl. M.C. No.2180 of 2012...

Posted in Others |   671 hits

Jogendra Nahak v. State of Orissa & Ors. (1999) - Recording of Examination u/s 164 CrPC

 17 December 2020

All and sundry cannot approach the magistrate for recording of their statement u/s 164 and any witness, unsponsored by the IO/prosecution, cannot seek to get his examination recorded u/s 164 Cr.P.C...

Posted in Others |   2946 hits

R. Vijayan v. Baby & Anr. (2012) - Fine with Compensation u/s 357(3) CrPC

 17 December 2020

he court held that there must be a consequential levy of a fine of an amount sufficient to cheque amount and interest thereon at a fixed rate of 9% p.a, followed by the award of such sum as compensation from the fine amount and the appeal was dismiss..

Posted in Others |   3035 hits

Amarveer Singh v State of Rajastham & Ors. (2009) - Condition of payment of fine for bail is unjustified

 17 December 2020

The court held that the accused booked under Section 138 of Negotiable Instrument Act would ordinarily be granted bail since the offence was a non-bailable one and therefore they are not to be taken in the custody during the trial. Likewise, a person..

Posted in Others |   547 hits

Sayad Hyder Hussain v. State of Orissa & Anr. (1996) - Application Ss. 397 & 401 CrPC

 17 December 2020

The court opined that there was no dispute in the agreement of sale and ordered for handing over of vehicle to the petitioner on receiving the security of Rs 1,00,000...

Posted in Others |   584 hits

Butterfield v. Forrester (1809) - Contributory Negligence Established

 16 December 2020

The case introduces Contributory Negligence from the base level, which simply states that negligence/ignorance/carelessness matters even if you are injured too. It wipes out the fact that carelessness of only single party matters, and empowers people..

Posted in Others |   2840 hits

Rakesh Kumar Paul v. State of Assam (2017) - Default Bail u/s 167(2) CrPC

 16 December 2020

The court held that the petitioner was to be awarded 'default bail' based on the facts and the circumstances of the case and set aside the order of the High Court...

Posted in Others |   3137 hits

Amar Nath Chaubey v. UOI & Ors. (2018) - Closure Report on Lack of Concrete Evidence

 16 December 2020

The approach adopted by the Supreme Court of India is commendable. The apex court has established that the judiciary is independent and dedicated to protecting the rights of the last citizen of the country...

Posted in Others |   1355 hits

Maninder Kaur & Ors. v. Teja Singh (2000) - Bail in Offences u/s 302& 304 IPC

 15 December 2020

The Court set aside the impugned order of High Court and allowed the appellants to remain on bail pursuant to the bond already executed by them...

Posted in Others |   1194 hits

90 days detention illegal in case of s.386 IPC because punishment is not more than 10 years

 15 December 2020

The background to the petition filed lies in the events that the petitioner was arrested in connection with the offence punishable under Sections 386, 506 and 120-B of the IPC...

Posted in Others |   991 hits

State of UP v. Ram Sagar Yadav & Ors (1985) - Dying Declaration can be Acted upon without Corroboration

 15 December 2020

The Court allowed the appeal and set aside the decision of the High Court affirming that of the Sessions Court convicting and sentencing the respondents...

Posted in Others |   2566 hits







Latest Judgments


More »





Course